Town of Truckee votes to adopt urgency ordinance for lodging to keep community safe

TRUCKEE, Calif. - Facing an influx of tourists during the Governor's Regional Stay-at-Home order just as South Lake Tahoe has seen, the Town of Truckee Council unanimously passed an urgency ordinance Tuesday night to protect the public's health. Any hotel, motel or vacation home rental in use during the Stay-at-Home order can now face the revoking, suspension or denial of their Tourist Occupancy Certificate.

The Stay-at-Home order states lodging properties are to not be rented to anyone except essential workers in order to help slow the spread of COVID-19.

City staff told the Council they have been doing outreach and education with hotels, lodging properties and short term rentals and the public to achieve compliance and not be forced to initiate the previously approved $1,000 fine or taking people to court, but they said they it has became clear they needed additional help in enforcement of the health order.

"We want to achieve compliance through education," said Town Attorney Andy Morris. "We are not establishing a new fine, we are adding another enforcement tool."

Morris said some operators told him that the $1,000 fine per day that is already in effect didn't mean much to them as they could get $5,000 per night in rental fees during the holidays.

"We need a third way, an ability to revoke TOT certificates, deny applications, deny renewals that would help get people's attention," added Morris. "That is quicker than going to court."

The urgency ordinance goes into effect immediately. They have one compliance officer to handle the complaints and contacts, but City staff said they could offer some help. To date there have been 22 complaints since the health order was announced on December 11.

All those who called in during the meeting were against the urgency ordinance and any fines for lodging properties who rented during the State and County health orders.

"It didn't work in South Lake, its not going to work here," was a popular comment with those phoning in during the meeting. Though not clarified, they may have been referring to the March 27, 2020, South Lake Tahoe urgency order where a fine of $1,000 could have been issued if vacation homes and motel rooms were rented out during the Stay-at-Home order. That fine in South Lake Tahoe has since been removed. Truckee already has the capability of up to a $1,000 fine for rentals at this time ($500 for first violation, $1000 for second).

"It's getting to the other side of the pandemic," said Council Member Dave Polivy of the urgency ordinance. "Anything we can do to curb travel, and curb visitation, and curb unsafe practices, and keep our hospital with the capacity that's needed. It is incumbent upon us to do the right thing."

The ordinance also levels the playing field, giving the same rules for all homes where before those would could pay the fines, would.

If property owners don't comply with any of the levels that have already been attempted they can now face revocation of their transient occupancy registration certificate to operate a short-term rental business for a period of up to 12 months, or be refused a certificate for up to 12 months for a property that does not yet have one.

Voluntary compliance is the goal before the enforcement process is started: education and outreach, verification of complaint, if violation up to $1,000 per day fine, revoking of lodging property's rental certificate for up to 12 months. They can also face a court injunction to require operations to be halted.